J&K Co-operative Housing Corporation Ltd. v. Muzaffar Iqbal Qureshi
2013-04-01
ALI MOHAMMAD MAGREY, MANSOOR AHMAD MIR
body2013
DigiLaw.ai
Mansoor, J.— 1. Challenge in this appeal is to the judgment and order dated 4th August, 2011, for short as impugned judgment, passed by the J&K State Consumer Disputes Redressal Commission, Kashmir, hereinafter for short as Commission, by virtue of which respondent/complainant was awarded an amount of Rs. 15.00 lacs as compensation payable by the appellant. 2. The controversy, in brief, is that an Advertisement was issued by the appellants, to the effect that it intends to allot plots in a yet to be raised residential colony at 'Watah Sangri Gagar Bagh Brane Nishat, Srinagar. 3. Responding to the Advertisement, an application for allotment of plot, measuring (60 x 90) ft, fixed at a sum of Rs. 27.00 lacs, was made by the respondent and the requisite amount i.e. half of the total sum was also deposited by him with the appellant. The rest of the payment had to be made in two installments in the sum of Rs. 6.75 lac each. 4. Appellant thereafter, before the last installment could be made, without assigning any reasons deposited an amount of Rs. 10.00 lacs in the saving bank account of the respondent, followed by some more credits and in this way returned an amount of Rs. 19.00 lacs to him. 5. The inaction of the appellant gave respondent a reason to agitate the matter and he filed, accordingly, a complaint before the Commission seeking compensation from the appellants. 6. It is this complaint that has been disposed of by the Commission by virtue of the impugned order, directing the appellants to pay an amount of Rs. 15.00 lacs to the respondent which would accumulate interest also @ 8% per annum in case of default. 7. We have heard counsel for the parties. 8. We feel that the respondent has been made to run from pillar to post and from post to pillar without there being any fault on his part. 9. Having regard to the pain suffered by the respondent at the hands of appellant, the compensation awarded in the matter appears to be quite meager. However, respondent has not chosen to question it, therefore, it is maintained. 10. Closing the above discussion, we dismiss the appeal as feeble. Since the respondent has been dragged in litigation for no good reasons, therefore, we feel it appropriate to saddle the appellant with costs. Accordingly, costs quantified @ Rs.
However, respondent has not chosen to question it, therefore, it is maintained. 10. Closing the above discussion, we dismiss the appeal as feeble. Since the respondent has been dragged in litigation for no good reasons, therefore, we feel it appropriate to saddle the appellant with costs. Accordingly, costs quantified @ Rs. 5000/- are imposed upon appellants. 11. Send down the record.